further authority to act or purport to act as a trustee thereafter. No formal oral or written resignation by any trustee so replaced shall be necessary or required. See Fed.R.Civ.P. 70.
One of the objectives of the national labor laws is to avoid collusive "sweetheart" arrangements between union officials and management which are detrimental to the employees represented by such officials, or former employees who are beneficiaries of plans bargained for collectively by labor organizations. See 29 USC 57, 58, 185, 186; authorities cited in the June 21 order.
Should any trustees removed from office pursuant to this memorandum order attempt to interfere with the functioning of any ERISA plan the union representatives on which were affiliated with the former Hudson Valley District Council by seeking to induce employer trustees under such a plan to act in any particular manner or to cause a deadlock in any ERISA plan after such removal, such action would constitute interference of the type forbidden by this memorandum order. Such action would be contrary to agreements between labor organizations which this court has jurisdiction to enforce under 29 USC 185, and would constitute a breach of a trustee's continuing fiduciary duty under ERISA not to act in a way which would interfere with the functioning of the ERISA plan of which that person was or had been a trustee.
This memorandum order is not intended to suggest that the decisions of the current International Union officers, the current Local 5 President, or their predecessors either are or are not the best ones from the point of view of the employees represented by the International Union. That is a matter for the members of the union to determine under their authority over their representatives which is protected by the Bill of Rights of Members of Labor Organizations under 29 USC 411-415.
The remaining aspects of this litigation do not justify emergency action. A new situation will have been created by compliance with this order which may lead to settlements of some or all of the claims of the parties, make them moot, or cause them to be neglected and ultimately dismissed without prejudice for lack of prosecution under Fed.R.Civ.P. 41.
Because of the importance of permitting both union and employer trustees of ERISA plans to focus on their fiduciary duties to the beneficiaries of the funds involved, it is important that there be a cooling off period during which non-emergency litigation activity is discontinued. Consequently further action in this case other than any applications for enforcement or modification of the injunction contained in this memorandum order are stayed until further order. Any party may request that the stay be lifted upon affidavits setting forth the reasons why such action would be appropriate.
Dated: White Plains, New York
August 1, 1994
/s/ Gerard L. Goettel, USDJ
in the absence of
VINCENT L. BRODERICK, U.S.D.J.